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(영문) 창원지방법원 밀양지원 2016.10.13 2016고단261
폐기물관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person raising 115.2m2m2 in smuggling-si.

1. Violation of the Wastes Control Act;

(a) No person shall reclaim or incinerate wastes from his/her place of business in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act;

On December 30, 2015, the Defendant collected food wastes from restaurants, etc., and performed the work of taking food wastes to drink, and buried six tons of food wastes, which are remaining industrial wastes, at the State-owned land located in Syang-si, not waste disposal facilities permitted, approved, or reported. On December 30, 2015, the Defendant buried 2m wide, 2m high, 2m high, 1.5m high, 2m high, and 2m high.

(b) A person who intends to recycle wastes, such as animals or plants residues not reported on waste treatment, by using such wastes for eating his/her livestock, etc. shall prepare facilities and equipment in compliance with the standards prescribed by Ordinance of the Ministry of Environment and report such to the competent authority

Nevertheless, the Defendant, without reporting to the competent authorities, recycled from June 20, 2015 to May 20, 2016, by using wastes, such as vegetable residues, etc., from the above vegetable breeding place, as a dog drinking.

(c) Any person who intends to treat wastes shall ensure that wastes are not leaked in the course of collection, transportation, and storage of wastes, and shall not pollute the surrounding environment by storing such wastes in sealed storage facilities or storage containers so as not to prevent the divulgence of industrial water;

Nevertheless, the Defendant did not store food wastes stored in a sealed storage facility or storage container from June 20, 2015 to May 20, 2016, to recycle livestock from the above raising plant to the above raising plant, and thus, the water produced from the above wastes is “river” as stated in the nearby soil facts charged.

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